It is a problem that many landlords have had. You make an appointment for an inspection – maybe a gas or electrical inspection – and the tenant won’t let you in.
Which is a problem, as the gas and electrical inspections are a legal obligation.
- Gas Safety inspections must be carried out once every 12 months
- Electrical inspections must be carried out (in England) at least once every five years, or sooner if the previous report requires it.
So what should you do if access is refused? This was the problem in the case of Bromford Housing Association v. Robinson [2026] EWCC 61.
Bromford Housing Association v. Robinson
Although this is a housing association case, it is relevant to private landlords. It involved an electrical inspection.
Bromford, the landlords, needed to carry out the five-yearly inspection, the last having been done in September 2021. Between June and August 2026, they made numerous attempts to arrange the inspection, but the tenant repeatedly refused or failed to provide access.
After carrying out a proportionality and Equality Act assessment, Bromford applied for an injunction requiring the tenant to allow access and authorising forced entry if she failed to comply.
The tenant did not attend the hearing.
What were the issues?
There were three main issues considered by the Judge:
1. The regulations.
These are the Electrical Safety Standards Regulations 2020, which require the inspections.
However, the judge identified a potential problem. Regulations 3(2A) and (2B) provide that a landlord who takes all reasonable steps to comply is not in breach simply because the tenant refuses access, and is not required to bring legal proceedings solely to satisfy that requirement.
The judge questioned whether this meant that the landlord could rely on the statutory duty to justify an injunction. He left this issue undecided.
2. The tenancy agreement
In this case, the tenancy agreement contained a requirement for the tenant to allow access for inspections.
The Judge held that this was sufficient to cover electrical inspections.
So the tenant was in breach of the terms of her tenancy agreement. This, along with the next issue, was the main basis of the Judge’s order.
3. Section 11(6) of the Landlord and Tenant Act 1985
Where section 11 applies, subsection (6) requires tenants to allow access to inspect the property’s condition and state of repair, at reasonable times of day and on 24 hours’ written notice.
The judge considered this an additional ground justifying an injunction.
The Judgement
The Judge made a ‘rolled up’ order:
- The tenant was required to provide access.
- If she failed to comply, Bromford could use forced entry.
- There had to be at least two clear working days between the date for voluntary access and the date on which forced entry was permitted.
He also awarded Bromford costs of £1,722.
Reasons for this decision
There is controversy over whether a County Court can, as well as ordering the tenant to allow access, authorise the landlord to forcibly enter the property. There have been decisions either way in the past.
In this case, the Judge, Recorder Adrian Jack, decided that if a tenant had repeatedly refused access and was likely to ignore an injunction, requiring the landlord to return to court would create unnecessary costs and delays. This was, he held, allowable under CPR 70.2A.
However, although the Judge made an order authorising forced access in this case, this is not a binding precedent, so a Judge in a future case may decide not to follow it.
Lessons for landlords
The main practical lessons for landlords from this case are as follows:
Tenancy agreements should always include a clause requiring the tenant to give access to their landlord for inspections
- Landlords should keep detailed records of attempts to arrange access. This is important to prove that you are justified in coming to court to ask for an order – whether just requiring the tenant to comply or authorising the landlord to forcibly access the property if the tenant still refuses.
- Where tenants have difficulties providing access, reasonable assistance should be offered. This was, I suspect, another reason why the Judge found that Bromford’s case was persuasive (although the judgment does not specifically say this). They had done all that they reasonably could to help the tenant.
- Any relevant vulnerabilities and proportionality issues should be considered before bringing proceedings. Otherwise this may give the tenant a reason to defend the claim.
- It is a good idea to warn tenants that you will be applying for an injunction if they continue to refuse access, that the Court is likely to grant this (particularly if you are seeking access for a gas safety inspection as gas can be so dangerous), and that in most successful claims the court will order the tenant to pay the landlord’s costs. This may persuade the tenant to allow you in.
- An injunction may be justified under both the tenancy agreement and section 11(6) of the Landlord and Tenant Act 1985.
- A landlord may be able to obtain a rolled-up injunction permitting forced entry without needing a second court hearing. However, if you are looking to ask for this, you should arrange for legal representation. This is still a contested issue, and a legal advocate is more likely to be able to persuade the Judge in your favour!
- I also suspect that a Judge will be more likely to grant an order authorising forced access where the landlord is a social landlord than if the landlord is in the private sector. I could be wrong. But a Judge may consider that a social landlord would be more likely to enforce such an order responsibly. Although it would depend on the parties and the facts of the case.
The Landlord Law Property Access Kit
Landlord Law members will have access to our Property Access kit, which is specifically about landlords’ rights of access and what to do if tenants refuse.
It goes through all the various reasons that landlords might need access and discusses how tenants can be persuaded if they are reluctant to grant this.
If tenants still refuse, then Part 3 of the Kit gives detailed guidance on how to obtain a County Court injunction ordering the tenant to allow access. Part 4 then considers how the tenant’s refusal can justify a court order for possession.
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